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Ordinance 2005-40 ., . ._.....,.,:~... Ordinance 2005'":iQ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF THE CODE OF LAW AND ORDINANCES, AS AMENDED BY ORDINANCE NO. 2001-13 (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, AS AMENDED), REPEALING A PORTION OF §74-201, AND REPLACING SAME IN §74-401(a); AMENDING ARTICLE IV PERTAINING TO THE AFFORDABLE HOUSING PROVISIONS TO ELIMINATE PROVISIONS FOR WAIVER OF IMPACT FEES FOR AFFORDABLE HOUSING; , ESTABLISHING A CEILING ON THE AMOUNT OF IMPACT FEE DEFERRALS AND; REORGANIZING ,- PROVISIONS IN ARTICLES II AND IV RELATING TO AFFORDABLE HOUSING FOR CLARITY; I' PROVIDING FOR CONFLICT AND SEVERABILITY; " ,- PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR t.::/" Ö AN EFFECTIVE DATE. >. iT) """",JI L::; r-::-:-, L;' /'-~ :-71 ß~''''~ · î , t:", J t ¡.:¡ --, '-',' WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 01-13, the "Consolidated Impact Fee Ordinance,", which is Chapter 74 of the County's Code of Laws and Ordinances; and WHEREAS, Ordinance No. 01-13 established an Affordable Housing Impact Fee Waiver and Deferral Program (hereinafter the "Program"); and WHEREAS, the Program is designed to encourage the production of housing for low and moderate income persons in Collier County; and Words underlined are added; words struck through are deleted. Page 1 of 28 WHEREAS, the Program implements goals established in the County Comprehensive Plan to encourage the production of affordable housing and to minimize housing costs where possible; and WHEREAS, until July 1, 2004, the cost of impact fee deferrals and waivers under the Program were subsidized by the Florida State Housing Initiatives Partnership (SHIP) program established by §§ 420.907-420.9079, Florida Statutes; and WHEREAS, increases in impact fees have outpaced increases in grant funding received the County, to the extent that the County can no longer afford to fund the Program through SHIP monies; and WHEREAS, impact fee waivers and deferrals have historically comprised a very small, de minimus proportion of the County's total impact fee revenue collections; and WHEREAS, the County has projected that impact fee deferrals under the Program in future years will not rise above historic levels; and WHEREAS, the County desires to establish a cap on impact fee deferrals in order to ensure that they do not rise above de minimus levels; and WHEREAS, the County Department of Financial Administration and Housing provides periodic reporting to ensure that the de minimus caps are not exceeded; and WHEREAS, the County desires to discontinue the impact fee waiver program because SHIP funding is insufficient to ensure the repayment of impact fees that are deferred; and Words underlined are added; words struck through are deleted. Page 2 of 28 WHEREAS, the impact fee deferrals provided under the Program do not result in the expenditure of fe~s for public facilities that benefit parties that do not pay impact fees; and WHEREAS, impact fees deferred under the Program are not subsidized by persons who pay impact fees when they are normally assessed and collected; and WHEREAS, a professional consultant team has conducted a survey of impact fee caselaw in Florida and nationally, and has determined that impact fee deferrals for affordable housing are constitutionally valid and do not violate any standards for nexus and proportionality; and WHEREAS, impact fee adjustments for affordable housing are required by state law as a means to encourage affordable housing, including "alternative methods of fee payment for affordable housing" (Florida Statutes § 420.9076); and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act (Fla. Stat. § 163.3161 et seq.) requires that counties adopt and implement a comprehensive plan that addresses multiple objectives, including public facilities and housing (Florida Statutes § 163.3177; and WHEREAS, when a comprehensive plan is adopted, Florida law requires that land development regulations must be adopted that implement the plan (Florida Statutes §§ 163.3202(1); see also 163.3167(1)(c); 163.3174(4)(c); 163.3194(1 )(b»; and Words underlined are added; words struok through are deleted. Page 3 of 28 WHEREAS, impact fees are a form of "innovative" land development regulation expressly authorize.d by Florida law (Florida Statutes § 163.3202(3»; and WHEREAS, impact fee deferrals are expressly required and authorized by the Collier County Growth Management Plan, Housing Element Policy 1.4, which provides in pertinent part: "[a]ffordable housing will be distributed equitably throughout the County using strategies which include, but are not limited to ... impact fee waivers or deferrals..."; and WHEREAS, the proposed amendments were reviewed and recommended for Board approval by the Collier County Affordable Housing Commission. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. Article II, Subsection E in Section 74-201 of the Collier County Code of Laws and Ordinances is hereby repealed. SECTION TWO. Article II, Subsection (f) in Section 74-201 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (f) Fund reimbursement. Every county approved deferral or 'Naivor of a water or sewer impact fee requires complete reimbursement and deposit of the entire amount deferred or waivod into the applicable water or sewer trust fund(s) within 30 days of the deferral or waiver agreement being signed on behalf of the Words underlined are added; words struck through are deleted. Page 4 of 28 county, except for deferrals of less than seven years for multi-family affordable housing rental units. However, deferrals of less than seven years for multi-family affordable housing rental units must not adversely impact the cash flow or liquidity of the water and/or sewer impact fee trust fund accounts and thereby frustrate or interfere with the then planned or then ongoing growth-necessitated capital improvements and additions to such water and/or sewer systems. Such an adverse impact may be determined by the public utilities division administrator whenever either of the two trust fund's individual reserve balances is in jeopardy of approaching (or actually has reached) less than a total of $600,000.00 of unappropriated and unencumbered funds. If the public utilities division administrator determines that the unappropriated and unencumbered funds in either of these accounts is then in jeopardy of approaching a level of less than $600,000.00, then the total number of such multi-family affordable housing rental units that may be approved in any such fiscal year (including the fiscal year when the public utilities division administrator makes such a "funds in jeopardy" determination) for deferrals (Le., for less than seven years) shall not exceed 225 units. This unit number limitation will continue so long as a determination of "jeopardy" exists, except that any of the 225 units not approved by an agreement in any fiscal year where funds are in "jeopardy" may be accumulated and rolled- over from one fiscal year to the next fiscal year until such time as the "jeopardy" determination ends. The number of multi-family rental deferrals aranted in a fiscal year where funds are in "jeooardy" mav exceed 225 units. but only if an alternate fundina source for the deferral is secured. Words underlined are added; words struok through are deleted. Page 5 of 28 SECTION THREE. Article II, Subsection (i) in Section 74-203 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: (i) Impact fee waivers or deferrals available to charitable organizations and charitable trusts. These impact fees waivers are available only to eligible to not-tor-profit, charitable entities as specified herein. The cumulative total of all not-for-profit waivers in each of the county's fiscal years shall not exceed $200,000. If the total amount of impact fees waived pursuant to these provisions in a fiscal year is less than $200,000.00 (or is less than the higher total in the funding account for that fiscal year because ot prior cash carrying-forward) some or all of the sum of money not waived can be carried forward and thereby be added to the $200,000.00, to a maximum balance of $500,000 tunding for the next fiscal year. Neither impact fees collected by the county tor educational facilities nor fire impact fees shall be waived under these provisions. * * * * * * * * * * * * (3) No construction that has obtained an affordable housing 'N3iverdeferral under this article shall be eligible for any waiver under these provisions. No construction that has been granted a waiver under these provisions shall be eligible for any county affordable housing waivorsdeferrals. Words underlined are added; words struøl{ through are deleted. Page 6 of 28 SECTION FOUR. Article IV of Chapter 74 of the Collier County Code of Laws and Ordinances is hereby amended to read as follows: ARTICLE IV. AFFORDABLE HOUSING IMPACT FEE 'NAIVER OR DEFERRAL Sec. 74-401. Impact fee '::a;,,'or or deferral. (a) Aøølicabilitv (1) Pursuant to the reauirements established in this section and article IV. the countv shall defer the payment of the impact fee for anv new owner- occupied or rental development which aualifies as affordable housina under this Article. (2) Any person seekina an affordable housina deferral for proposed development shall file with the county manaaer an application for deferral. prior to receivina a buildina permit for the proposed development. The application for deferral shall contain the followina: a. The name and address of the applicant: b. An UP to date. complete leaal description of the site upon which the development is proposed to be located: c. The maximum income level of the owner. or if the owner is a developer or builder. the income level of the household to which the dwellina unit it to be sold or provided for occupancv: d. The sauare footaae and number of bedrooms in each dwellina unit of the development. Words underlined are added; words struck through are deleted. Page 7 of 28 (3) If the proposed development meets the requirements for an affordable housinQ deferral as set forth in this Article. the county manaQer mav. but is not required to. enter into an impact fee deferral aQreement and is authorized to execute such deferral aQreements alonQ with anv corresponding tri-partv aQreement intended to further define re-payment obliQations. as mav be applicable. with the owner or applicant. The impact fee deferral aQreement shall be accepted by the county in lieu of prompt pavment of the impact fee that would otherwise then be due and payable but for the aQreement. (b) Qualifvina Owner-Occuoied Dwellina To qualify for an affordable housing impact fee waiver or deferral, an owner-occupied dwelling unit must meet all of the following criteria: (1) The owner(s) or anticipated owner(s) of dwelling ur'lit must have a very low, or moderate income level, at the time of final execution by the county of ª '/laivor or deferral agreement as those income level terms are defined in section 74-402.:, (2) , and tThe monthly mortQaQe payment. includina taxes and insurance. to purchase the unit must be within the :Jf.fordable housing guidelines est:Jblished in scction 71 102must not exceed 30 percent of that amount which represents the percentaae of the median annual Qross income for the applicable household cateaorv as indicated in & 74-702. However. it is not the intent to limit an individual household's abilitv to devote more than 30 percent of its income for housina. and housina for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortaaae lender is Words underlined are added; words struck through are deleted. Page 8 of 28 satisfied that the household can afford mortqaqe payments in excess of the 30 percent benchmark. (3) A dwelling unit shall qualify as "owner-occupied" it a. a written affirmation from the developer to the county guarantees that the requisite affordable housing units will be constructed, and b. the affirmation is in effect at the date of execution of the impact fee 'Naivor or deferral agreement by the county... and c. within 6 months from the date of issuance of the certificate of occupancy or the execution of the affirmation, , whichever is later, any option to purchase is exercised and the purchaser takes ownership of the Dwelling Unit. (4) If the purchaser fails to purchase the dwelling unit within the 6-month period, then: ä. the ':3ivod or deferred impact fee must be immedi3toly paid unless tho dwelling unit is sold to another qU31ifying ownoris considered in default as of the date that the fee would have been due without the deferral: and b. the applicant shall pay all of the impact fees. including delinquencv fees and interest datinq back to the date that the fees would have been assessed but for the deferral as provided in § 74-501. (§2) The owner, or if there is more than one owner, both of the owners, must be a first-time home buyer. To qualify as a first-time home buyer, Words underlined are added; words struGk through are deleted. Page 9 of 28 the owner must not have had an ownership interest in his/her primary residence in the past three years. (§ð) The dwelling unit must be the homestead of the owner(s). (7) No more than thirty (30) deferral aareements are permitted at anv sinale time for an individual developer. or for any developments that are under common ownership. For purposes of this subsection. "common ownership" means ownership by the same person. corporation. firm. entity. partnership. or unincorporated association: or ownership by different corporations. firms. partnerships. entities. or unincorporated associations. in which a stockbroker. partner. or associate. or a member of his family owns an interest in each corporation. firm. partnership. entitv. or unincorporated association. (£13) Qualifvina Rental Dwellinas To qualify for an impact fee deferral, a dwelling unit offered for rent must meet all of the following criteria: (1) The household renting the dwelling unit, including any multi- family dwelling unit, must have a very low or low income level, at the commencement of the leasehold and during the duration thereof, as those terms are defined in section 74-402 =:Jnd tho amount of rent must bo '.vithin the afford=:Jble housing guidolinos est=:Jblishod in soction 71 102. (2) The dwelling unit must be the household's permanent residence. Words underlined are added; words struol( through are deleted. Page 10 of 28 (3) In no instance shall rental limits exceed the rental limits established by the Florida Housina Finance COrDoration for rents adiusted to bedroom size in Droiects assisted under the. Florida Housina Finance COrDoration or any other loæl. state. or federal aaency. based on unit size. (00) Reøavment for Owner-Occuøied Units (1) All impact fees deferred for owner-occupied dwelling unit at the time the building permit was issued shall become due and payable and shall be immediately paid in full to the county upon~ a. the sale of the dwelling unit to a non qualifiod purchasor; or provided, howevor, if tho impact feo doferral was paid with State Housing Initiatives Partnership (SHIP) Program funds, paymont will bo made to the county affordable housing trust fund. b. refinancina of the Durchase mortaaae or loans secured by senior real DroDertv securitv instruments: or c. a loss of the homestead exemDtion under Section 4. Article X of the State Constitution. d. the first occurrence of anv sale or transfer of any Dart of the affected real DroDerty. and in any such event the deferred imDact fees shall be Daid in full to the county not later then the closina of the sale. or not later then the effective date of the transfer. Words underlined are added; words struck through are deleted. Page 11 of 28 (2) Repayment shall include any accrued interest. Interest shall be computed at the rate of five percent (5%) per annum. but no event shall it exceed twentv-five percent (25%) of the total fee amount. (3) Notwithstandina anvthina in this subsection (d)(1) of this section 74-401. the director of the financial administration and housina department of community development and environmental services division mav waive the triaaerina of the obliaation to pay deferred impact fees due to a refinancina if the director determines that the refinancina is for improvements or repairs to the dwellina that will enhance the value of the dwellina. and is of such a nature as not to iustify that the deferred impact fees should become due and pavable because of the sale. transfer. or refinancina. (~) Reøavment for Rental Dwellina Units Deferred impact fees for rental dwelling units, including any multi-family dwelling units, single-family detached houses, modular homes (also known as residential manufactured buildings) and mobile homes (also known as manufactured homes) as defined in section 74-108 of this chapter, shall in all events be due and payable not later than six years and nine months after the execution of the impact fee deferral agreement by the county. Such fees shall be accelerated and automatically be due and payable prior to that time period if there is any breach of the subject impact fee deferral agreement by the non- cou nty party. (1) To bo eligiblo for impact fee deferral, a rontal modular homo sh:::tll meot, :::ts a minimum, tho then currant Ðt:::tnd:::trds of Chapter 553, Florida Words underlined are added; words struok throLJgh are deleted. Page 12 of 28 St3tutes for homeownership or rent31, 3nd Sh311 bear tho department of community 3ffairs insigni3 se~1 cortifying that the structure is in oomplianco with the Florid3 Manufactured Buildings Act of 1979, 3S 3mendod or supersedod. (2) To be oligiblo for imp3ct feo def-orr31, 3 ront31 mobilo homo shall be constructed to thon 3pplic3blo standards premulg3tod by tho Unitod Statos Dopartmont of Housing and Urb3n Development (HUD) and shall boar 3 WIO inch by four inch mot31, reot3ngul3r red and silver cortific3tion 13bol on e3ch section of the home certifying that the home has beon inspoctod in 3ccord3nco HUD requiremonts 3nd h3s beon constructod in conformance with feder31 m3nuf3ctured homo construction 3nd s3fety st3nd3rds in effoct on tho d3to of manuf3cture. (e) Any imp3ct fees w3ived for an owner occupied dwolling unit 3t tho timo 3 building permit W3S issuod shall bocome duo 3nd paY3blo 3nd sh311 be immodiately paid to tho county if tho dwolling unit is sold or tr3nsf-orrod to 3 non qU31ifiod purchaser during the 15 yoar period aftor tho cortific3te of occup3ncy '/:3S issuod for the d'.velling unit. If tho imp3ct foe w3ivor 'N3S paid with State Housing Initiatives P3rtnership (SHIP) Progr3m funds, p3yment will bo made to the county 3fford3blo housing trust fund. If tho dwelling unit is usod as af.ford3ble housing in compli3nco with this 3rticle for 15 years aftor the d3to the certific3to of occupanoy was issued for tho dwolling unit, tho imp3ct foos 3ro no longer due and tho lien on tho subjoct proporty shall be roloasod. (f) Tho percontago of tho tot31 impact foe '::hich shall be waivod or deferrod pursuant to this soction for 3n o':.'nor occupied or rental 3fford3ble Words underlined are added; words struok through are deleted. Page 13 of 28 housing dwolling unit, including any multi f3mily d':Jolling unit, shall bo tho percentago sot forth bolow. (fJ Reøavment Obliaations (1) Generallv. The impact fees waivod or deferred shall be a lien on the property until all requirements under this article and the agreement have been satisfied. (~g) Rentals an" owner oecupied "'.volling units. a.f4j Annually, the owner (i.e., lessor) of a rental dwelling unit, including any multi-family dwelling unit, shall provide to the county manager an affidavit of compliance with the criteria set forth in this section. The affidavit must be filed within 30 days of the anniversary date of the issuance of a certificate of occupancy. If the affidavit is not filed on time the affiant shall pay to the county a $50.00 late fee. b. If the income of any unit renter which originally qualified as very low or low income level as defined in section 74-402 below exceeds the affordablo housing bonefit standards set forth in subsection !ç}74- ~ by more than 40 percent, then the deferred impact fee shall become immediately due and payable by the owner or, in the alternative, the owner shall have 90 days to comply with the affordable housing standards set forth in this section 74 402 bolow. Developments which are then monitored by the Florida Housing Finance Corporation, or any other state or federal agency, will not be required to file this separate affidavit of compliance with the county manager. The Words underlined are added; words struok through are deleted. Page 14 of 28 applicant shall provide a true copv of these monitorina reports to the County Department of Financial Administration and Housina. (32) Owner-OccuDied Dwellina Units If the household income of the qualified owner-occupied dwelling unit rises above the bonefit standards for waivors and deferrals set forth in subsection 74 402 bolow(b) of this Section, the owner shall maintain the 'l:aiver and/or deferral. Notwithstanding the foregoing, all outstanding impact fees waivod or deferred shall be paid in full upon sale or transfer of the dwelling unit te a non qu:Jlifiod purchaEsr, excopt for waivod impact foos \4/hero the ownor has complied '/lith tho '....aivor or deforral agroement and tho affordablo houEing critoria sot forth in this articlo for 15 years aftor iSEuance of tho cortificato of occupancy. (gh) Deferral Aareements The owner receiving an impact fee waiver or deferral shall enter into a 'Naivor or deferral agreement of impact fee agreement with the county.:...-ð separate deferral aareement shall be executed for each aualifvina owner- occupied dwellina or aualifyina rental dwellina. While applicants are reauired to enter into a deferral aareement in order to receive a deferral of impact fees. nothina in this section reauires the County to enter into a deferral aareements. which The deferral agreement shall provide for, at a minimum, the following and shall further include such provisions deemed necessary by the board to effectuate the provisions of this article: Words underlined are added; words struÐk through are deleted. Page 15 of 28 (1) The legal description of the dwelling unit. (2) Where an. impact fee waiver or deferral is given to an owner who will be selling or renting the dwelling unit to a subsequent purchaser or renter, the development must be sold or rented to households meeting the criteria set forth in this article in order to maintain the 'Naiver or deferral. Impact feo '''Jaivem or doforrals paid for with Stato Housing Initiatives Partnership (SHIP) Program funds \\'ill only bo granted directly to buyors mooting soction 71 402's qualifications and approval prior to building permit issuanco. 1\ d'''J8l1ing unit shall qualify as "ownor occupied" if a writton affirmation by tho dovoloper to the county guarantees the requisito affordable housing units will bo constructod, and tho affirmation is in effoot at the dato of execution by the county of the impaot foo waivor or deferral agreomont and 'I.'ithin 21 months from tho dato of issuance of the cortificate of occupancy or the oxocution of tho affirmation, whichovor is lator, any option to purchase is exercisod and tho purchaser takos ownorship of tho dwolling unit. If the purchasor fails to purchaso tho dwolling unit within the 21 month poriod, then tho '."'\Jivod or doferred impact foo must bo paid immediately unloss tho subjoct property is sold to another qualifying owner. (3) For each such owner-occupied dwelling unit, the amount of impact fees deferred shall be paid to the county in full upon tRe sale or transfer to a non qualified purchaser. If impact fees wore paid '....ith Stato Housing Initiativos partnorship (SHIP) Program funds, paymont in full will be made to the county affordablo housing trust fund. For rental units, including any multi-family dwelling unit, the impact fees deferred shall in all events be due and payable no later than Words underlined are added; words struck through are deleted. Page 16 of 28 six years and nine months after the execution by the county of the impact fee deferral agreement. Such fees. shall be accelerated and thereby be automatically due and payable prior to that time period if there is any breach in the subject impact fee deferral agreement by the non-county party. (4) For ownor occupiod dwelling units where impact feos have boon 'IJaivod, tho dwolling units must bo utilized by the original qualifying owner, or subsoquent qualifying purchaser, as affor{ ablo housing in oomplianco with this article for a 15 year period aftor the certificato of oocupancy is issued and if tho dwolling unit is sold to a non qualifying purohaser, the impaot feos shall be paid in full to tho county bofore tho closing booomes f.inal. If not so paid, tho obligation shall bo a lion on the dwelling unit under tho following subsoction. If impact foos 'Nore paid with State Housing Initiativos Partnorship (SHIP) Program funds, repaymont "'.'ill be mado to tho county affordablo housing trust fund. (~) The deferred and/or waived impact fees shall be a lien on the property. The which lien may be foreclosed upon in the event of non- compliance with the requirements of the agreement. The agreement described herein shall operate as a lien against the dwelling unit. The lien shall terminate upon the recording of a release or satisfaction of lien in the public records of the county. In the caso of a 'Naivor, such release or satisfaction shall bo filod 15 years aftor tho issuance of the oÐrtificate of ocoupancy provided O'.\lnor actod in compliance with tho agreoment or upon payment in full. In the caso of a deforral, sSuch release shall be recorded upon payment in full. Neither the deferred and/or waivod impact fees nor the agreement providing for the '.\'aivor and/or Words underlined are added; words strlJek through are deleted. Page 17 of 28 deferral of impact fees shall be transferred, assigned, credited or otherwise conveyed from the dwelling unit. The deferrals and/or wai'lors of impact fees and the agreement thereto shall run with the land. (6) Annu3l1y, the owner of a rontal dwolling unit, inoluding ::my multi family dwelling unit, shall provide to tho county managor an 3ffidavit of complianco '/lith the critori3 sot forth in this 3rticle. The 3ffid3'/it must bo filed within 30 d3YS of tho 3nni'leFs3ry dato of tho issuanoe of a oortific3te of occup3ncy. If tho 3ff.ida'/it is not filod on timo the affiant sh311 pay to tho oounty a $50.00 13ta foo. If tho income of 3ny homo renter or duplox unit renter which origin311y qualified 3S 'fery low or loVJ inoomo levol 3S defined in soction 74 402 below exceods the 3fford3ble housing bonofit st3ndards sot forth in section 74 402 by more th3n 40 porcont, thon tho deforrod imp3ct foo shall bocomo immodi3toly duo 3nd payablo by tho owner or, in the altornative, tho ownor shall h3vo 90 d3Ys to comply 'Nith tho affordable Housing stand3rds sot forth in section 74 402 bolo'.\'. Dovolopments which 3re monitored by tho Florida Housing Fin3nco Corpor3tion or simil3rly monitored by 3ny other st3te, or federal 3gency will not bo required to filo this sep3rato 3ff.ida'Jit of compli3nco with the county managor. (7) (5) Upon satisfactory completion of the agreement's requirements, the county shall record any necessary documentation evidencing same, including, but not limited to, a release of lien. (28) In the event the owner is in default under the agreement, and the default is not cured within 30 days after written notice is provided to the Words underlined are added; words etrllsk through are deleted. Page 18 of 28 owner, the board may at it~ sole option collect the impact fee amounts in default as set forth by article V, section 74-501, or bring a civil action to enforce the agreement or declare that the waivod or deferred impact fees are then in default and immediately due and payable. The board shall be entitled to recover all fees and costs, including attorney's fees and costs, incurred by the county in enforcing the agreement, plus interest at the then maximum statutory rate for judgments calculated on a calendar day basis until paid. (IS) The agreement shall be binding upon the owner's successors and assigns. œ-W) The agreement shall be recorded in the official records of the county at no cost to the county. ~~ CefflnaonDeÆ"BŒ (1) The aaareaate amount of impact fee waivors and deferrals granted pursuant to subsection (b) of this Section shall be limited, in total, to antRe amount appropriatod by the board at its final public hearing regarding tho adoption of tho annual county budget and tho amount allocatod to impact feo 'Naivers or deferrals in the county housing assistanoe plan, as ostablished by chapter 111, artiolo "' of this Code. Foes \A¡.aivod or doforrod shall bo paid by the board into the appropriate impaot feo trust aocount within six yoars and nine months from the dato of tho award of a 'Naiver and/or doforral as providod heroin, but in no event, later than that time ,:..hon that amount is noodod for a project funded by those impact foes waived or doferred. Tho board shall pay into the appropriato impact foe trust aocount such amounts oqual to any impact feos Words underlined are added; words struok through are deleted. Page 19 of 28 previously waivod or deferred by the board, within six years and nine months from tho date of such waiver, or deferral, but in no ovent, lator than the time '...(hen that amount is noedod for a projeot fundod by those impact feos \vaived or deferred. The board shall pay into tho appropriate impact f.oe trust account suoh amounts oqual to any impact feos proviously waivod or doforred by tho board, within six years and nino months from the date of such \"Jai\Jer, or doferral, but in no ovent, later than tho time suoh aRlounts are neoded for a projoct foUnded by thoso impact feos w-aivod or doferred. 'Nai'lers and doferrals shall be issuod in tho order that completod qualifying applications are rooeivod by the county manager. At least 40 poroent of tho amount budgoted f.or impact feo waivors and/or dof-errals must be utilized to fund impact feo waivors and/or doferrals for single family ownor occupied d'IJolling units serving the very low and 10VJ income le'lels. not exceedina three percent (3%) of the previous years' total impact fee collections. (2) Deferrals shall be available on a first-come. first-served basis. If the requests for deferrals exceed the number of deferrals available. the Countv Manaaer mav allocate deferrals based on the extent to which the deferrals implement the Comprehensive Plan. or other criteria based on policies and procedures that mav be adopted by the Board of Countv Commissioners. (3) The County Manaaer shall maintain a trackina system to ensure that the aaQreaate amount of impact fee deferrals do not exceed the deferral ceilinas established in this subsection. Words underlined are added; words struok throLJgh are deleted. Page 20 of 28 (!i) Amendments Any changes or amer.ldments to this article or the minimum funding requirements adopted in this article must occur as an ordinance amendment at a public hearing of the board of county commissioners. ak) Eliaible Dwellina Unit Cateaories Agreements for the '....-aiver or deferral of impact fees for affordable housing may only be approved for the following types of dwelling units: (1) Single family residences that are fully detached, and either owner-occupied or rental dwelling units, or (2) Owner-occupied or rental dwelling units in a residential condominium, townhouse or duplex structure, or (3) Rental (leased) multi-family dwelling units. (4) Rental modular homes that meet. as a minimum. the then current standards of Chapter 553. Florida Statutes for homeownership or rental. and that bear the department of communitv affairs insiania seal certifvina that the structure is in compliance with the Florida Manufactured Buildinas Act of 1979. as amended or superseded. (5) Rental mobile homes that are constructed to then applicable standards promulaated bv the United States Department of Housina and Urban Development (HUD) and that bear a two inch by four inch metal. rectanaular red and silver certification label on each section of the home certifvina that the home has been inspected in accordance HUD reauirements. and that have been Words underlined are added; words struck through are deleted. Page 21 of 28 constructed in conformance with federal manufactured home construction and safetv standards in effect on the date of manufacture. (!!I) ADartment ComD/exes/Multi-Fami/v Dwellina Units Notwithstanding any provisions elsewhere in this chapter to the contrary, any owner that develops an affordable housing rental apartment complex consisting in whole or part of multi-family dwelling units serving very low and/or low income levels and meeting all requirements, and subject to all conditions, of this article shall be entitled to defer 100 percent of the impact fees applicable only to such rental multi-family dwelling units serving very low and/or low income levels if: (i) all such deferred impact Fees are paid on or before the end of six years and nine months from the date such impact fees are deferred; and (ii) the rental apartment development shall remain affordable housing qualified (under this article) for a minimum of 15 years. (lJ Sina/e Familv. Detached Residences and DUD/exes Impact fee waivem or deferrals for only single family, detached residences, or duplexes, as owner occupied dwelling units, will automatically be subordinate to the owner's first mortgage and/or any government funded affordable housing loan such as SAIL or HOME loan. Impact fee ':/-Qi':ors or deferrals may also be similarly subordinated in the case of rental dwelling units, including any multi-family dwelling units, but only if the owner provides additional security satisfactory to the county such as additional or substitute collateral in the Words underlined are added; words strusk through are deleted. Page 22 of 28 form of cash or cash equivalent financial instruments which will yield the full amount of the deferred impact.fees when they may become due and payable. (!l!J Timina of Payment Any units meeting the requirements of this subsection that are sold below the maximum home sales price in Collier County for Florida Housing Finance Corporation Programs, or qualify for and enter into an approved waiver or deferral agreement shall not be required to pay the impact fees applicable for the unit or building any sooner than issuance of the building permit for construction or as may otherwise be set forth in such waiver or deferral agreement. In order to obtain a certificate of adequate public facilities concurrently with the issuance of the final site development plan or plat, , the applicant shall first enter into an approved waivor or deferral agreement with Collier County or provide a notarized affidavit to the county manager, which must include the following: (1) Name of project, legal description and number assigned by Collier County to the development order; (2) Name of applicant and owner, if different; (3) Number of dwelling units; (4) Statement of intent that the subject dwelling unit sales price will meet the affordability guidelines of the Florida Housing Finance Corporation for Collier County. Words underlined are added; words struck through are deleted. Page 23 of 28 (a!1J Certificate of Occupancy Requirements on Filing of Affidavit Prior to the issuance of a certificate of occupancy for individual dwelling units which have provided the foregoing affidavit instead of entering into a vmi'Jer 9F deferral agreement with Collier County, the applicant must also provide a copy of the executed sales contract to the county manager demonstrating a qualifying sales price. A copy of the closing statement demonstrating a qualifying sales price will be provided to the county manager within ten days of the closing of the sale of each qualifying dwelling unit. (QP) Violations Failure to adhere to the requirements set forth by this section may result in the impact fees becoming immediately due and payable and payment being considered delinquent from the date of the notarized affidavit and then becoming subject to the collection provisions provided for in article V, section 74-501, including payment of delinquency fees and interest. (p) Transitional Provisions The followinQ Drovisions aDDly to anv imDact fee deferrals or reimbursements that were Qranted Drior to AUQust 1. 2005: (1 ) Any deferral aQreement that was executed Drior to AUQust 1. 2005. shall continue in effect in accordance with its terms consistent with the requirements in effect at the time that the deferral aQreement was executed. (2) If reimbursement is required Dursuant t~ an imDact fee deferral or waiver that was Daid with State HousinQ Initiatives PartnershiD (SHIP} Words underlined are added; words struok through are deleted. Page 24 of 28 Proaram funds. payment will be made to the county affordable housina trust fund. Sec. 74-402. Affordable housing definitions, benefit staAdards and limitations. (a) The following sets forth the applicable definitions and bonofit st~mdards for affordable housing dwelling units for the purposo of dotormining eligibility for impact foos waivors and doferrals (horoin reforrod to as "bonofits"). (1) Dofinitions of affordablo housing inoome groups. .í!la. "Very, very low income families" means families whose incomes do not exceed ãQ-f35J percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. ßll-bö "Very low income families" means families whose incomes do not exceed 50 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. 1£l&ö "Low income families" means families whose incomes are more than 50 percent but do not exceed 80 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. (d) IIModerate income families" means families whose incomes are more than 80 percent but do not exceed 120 percent of the median income for the area as determined by the Secretary of the U.S. Department of Housing and Urban Development. Words underlined are added; words Etruck thr-eugh are deleted. Page 25 of 28 In no inst~mce shall rontal limits excood the rental limits ostablished by the Florida Housing Finanoe Corporation for rents adjusted to bedroom size in projects assistod undor the, Florida Housing Finance Corporation or any othor local, stato, or foderal agoncy, basod on unit size. (2) Bonofit standards. a. Affordable housing ownor oocupied d'Nelling units \\:hich exclusivoly servo vory, vory low ::md 'Jor)' 10'11 income familios and which are the o'l.'ner's homostoad shall havo 100 poroent of tho applicable impact feo waivod pursuant to the terms horeof. b. I\f.fordable housing rental dwolling units which exclusivoly serve 'lory, vory low, vory low or low income familios shall havo 100 percent of tho applicable impact feo doferrod pursuant to the terms hereof. c. Pifordable housing owner oocupied d\\<olling units which exclusivoly sorvo low income familios and whioh are the owner's homostoad shall havo 100 percent of the applioable impact f{)o doferred pursuant to tho terms hereof. d. DO'l8lopment which moots the critoria sot forth in subsoctions 71101(a) and (b) constructed by an agonoy of Collior County or by an indopondent govornmontal agoncy pursuant to an interlooal agreement with Colli or County .:md which construotion is 100 percent govornmont funded shall havo 100 porcont of tho impact foos for that oonstruction waived, pursuant to the terms horoof. Words underlined are added; words struok through are deleted. Page 26 of 28 SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION SIX: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall become effective upon filing with the Florida Department of State. Words underlined are added; words struGk through are deleted. Page 27 of 28 County Commissioners of Collier County, Florida, this PASSED AND DULY ADOPTED by a vote of a majority of the Board of ,.¡/Í¡ £& 2..1, ¡(ay of _~ 2005. ATTEST: DWlqHT E:'BRPCK, CLERK ""'''),,,,:"\')3· CD/":...;",, '~i"~;Ò~' ~.:::~:~:~ ,';' ~'~l : "'. ~ .0 : ,-' . --i, .:r.'V. :..; Duty Clerk .. \. \~IH~)'. ",.J : ..~st . I" ~ -Che fr'lllft ' s s 19"ato"~<:tin'1 y . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: ~w.~ FRED W. COYLE, Ch r an Approved as to form and legal sufficiency; \J~~ - \0\\4-> Patrick G. White Assistant County Attorney (. Words underlined are added; words struok through are deleted. Page 28 of 28 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2005-40 Which was adopted by the Board of County Commissioners on the 26th day of July 2005, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2005. DWIGHT E. BROCK e. ,~GI;:Œ>7J'>" Clerk of Courts and Cle.rìt, "'. .{ "'. '. . . , 01'-,. Ex-off icio to Board ot/ ..' :\"" I' .... "'.'-:;?> County Commissioners ~ iF . <~"'~~: . ~ _ D.Lw ff··:< \-_\ \' ",~~'~. ~ ~: O'~ ~ / ' . ',' '.>' , -' : . .(:' ~'~,' ~\I "þ~- . . ~J : . -?", '-... ..' ~ : " '\- :',,,, . ..... . .'~...~. " ',..,:; JI'I <,\Ù'-:a" By: Ann Jennejohn, "<,,'hll.l',., Deputy Clerk ......... .......,.